Was it produced legally? Part 1: Understanding the legality requirement

The EU Deforestation Regulation (EUDR) requires that commodities and products be produced in accordance with the local laws of the country of production. This briefing argues that the 'legality requirement' must be interpreted broadly, encompassing all laws—including customary and human rights laws—that affect the legal status of the area of production and its surrounding environment. It emphasizes that due diligence cannot rely solely on official government records, especially in jurisdictions with high corruption or weak law enforcement, and must instead incorporate verification from local experts and civil society stakeholders.

• The 'legality requirement' should be interpreted broadly to include all laws in the country of production that affect the legal status of activities used to produce relevant commodities, including pre-production, post-production, and the direct or indirect effects on the 'area of production'.
• The scope of relevant laws extends beyond formal legislation to include all types of 'laws', such as executive decrees, judicial decisions, and customary laws observed by distinct social groups like Indigenous communities.
• Human rights laws protected under international law are part of the legality requirement, including those that are automatically applicable in 'monist' states via customary international law or jus cogens norms, such as the right to self-determination.
• Due diligence must cover the entire production process, from initial permit applications and land acquisition to the final marketing and export of products, including compliance with tax, anti-corruption, and customs regulations.
• Operators cannot rely exclusively on official government records or third-party certifications, as these may be unreliable in jurisdictions with corruption or weak law enforcement; they must verify information using independent sources and local stakeholders.
• Competent authorities are obligated to use a risk-based approach to check compliance, prioritizing products from areas with higher risks of illegality, such as those with documented human rights violations or corruption.

APA

Rice, M., & Godts, R. (2025). Was it produced legally? Part 1: Understanding the legality requirement. ClientEarth. https://www.clientearth.org/media/f4lbqll1/was-it-produced-legally_part-1_clientearth_april-2025.pdf

Chicago

Rice, Michael, and Raphaëlle Godts. Was it produced legally? Part 1: Understanding the legality requirement. ClientEarth, 2025. https://www.clientearth.org/media/f4lbqll1/was-it-produced-legally_part-1_clientearth_april-2025.pdf.

Wikipedia

{{cite report |last1=Rice |first1=Michael |last2=Godts |first2=Raphaëlle |title=Was it produced legally? Part 1: Understanding the legality requirement |publisher=ClientEarth |date=1 April 2025 |url=https://www.clientearth.org/media/f4lbqll1/was-it-produced-legally_part-1_clientearth_april-2025.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{rice2025was, author = {Rice, Michael and Godts, Raphaëlle}, title = {{Was it produced legally? Part 1: Understanding the legality requirement}}, institution = {ClientEarth}, year = {2025}, month = apr, url = {https://www.clientearth.org/media/f4lbqll1/was-it-produced-legally_part-1_clientearth_april-2025.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }